University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Partridge v. Napolitano PB-CA-0043
Docket / Court 3:12-CV-06373 ( N.D. Cal. )
State/Territory California
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On December 14, 2014, plaintiffs, a binational same-sex couple, filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Department of Homeland Security and its component agency, U.S. Citizenship and Immigration Services. The complaint and most other court ... read more >
On December 14, 2014, plaintiffs, a binational same-sex couple, filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Department of Homeland Security and its component agency, U.S. Citizenship and Immigration Services. The complaint and most other court documents are not available via PACER. The website Equality on Trial describes the case as an immigration-related challenge to Section 3 of the Defense of Marriage Act (DOMA).

On May 8, 2013, the Court (Judge Saundra Brown Armstrong) granted defendants' stay pending the U.S. Supreme Court's decision in United States v. Windsor, 133 S. Ct. 2675 (2013). The Windsor Court struck down Section 3, on July 3, 2013, holding that DOMA violated the constitutional rights of same-sex couples who had legally married under state law. Plaintiffs and defendants filed a joint motion to reopen this case, and then, on August 14, 2013, plaintiffs filed a notice of voluntary dismissal. Presumably that's because the Department of Homeland Security changed its policies in light of Windsor and granted the plaintiffs the immigration benefits they sought.

David Hamstra - 02/22/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sexual orientatation
General
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) The Department of Homeland Security
Plaintiff Description A binational married same-sex couple seeking immigration benefits.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Declaratory Judgment
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2013 - n/a
Case Closing Year 2013
Case Ongoing No
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
4:12-cv-6373 (N.D. Cal.) 08/14/2013
PB-CA-0043-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 05/08/2013 (N.D. Cal.)
PB-CA-0043-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Armstrong, Saundra Brown (N.D. Cal.)
PB-CA-0043-0001 | PB-CA-0043-9001
Monitors/Masters None on record
Plaintiff's Lawyers Castello, Sarah (California)
PB-CA-0043-9001
Jobe, Robert B. (California)
PB-CA-0043-9001
Defendant's Lawyers Bartolomucci, H. Christopher (District of Columbia)
PB-CA-0043-9001
Clement, Paul D. (District of Columbia)
PB-CA-0043-9001
Davenport, Christine (District of Columbia)
PB-CA-0043-9001
Goldsmith, Aaron S. (District of Columbia)
PB-CA-0043-9001
Kircher, Kerry W. (District of Columbia)
PB-CA-0043-9001
McGinley, Michael H. (District of Columbia)
PB-CA-0043-9001
Nelson, Nicholas J. (District of Columbia)
PB-CA-0043-9001
Pittard, William (District of Columbia)
PB-CA-0043-9001
Tatelman, Todd B. (District of Columbia)
PB-CA-0043-9001
Walker, Mary Beth (District of Columbia)
PB-CA-0043-9001
Other Lawyers None on record

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